[ACSOL] Emergency regulations, intended to implement Proposition 57 and issued by the California Department of Corrections and Rehabilitation (CDCR), must be set aside, according to a final ruling released today by a Sacramento Superior Court judge. The ruling specifically stated that “CDCR cannot substitute its judgment for what it wishes the drafters of Proposition 57 had said. Nor may CDCR’s…regulations override a clear directive in the Constitution. “Due to this ruling, CDCR’s emergency regulations issued in March 2017 cannot be enforced and new regulations must be issued. The new regulation…
Read MoreTag: California
CA: NARSOL opposes CA Dep’t of Corrections’ blanket exclusion of sex offenders
[narsol.org] NARSOL is a national advocacy organization that defends and protects the interests of citizens convicted of a sex offense. We are acutely aware that this is a very serious subject and in no way condone sexual abuse. But we are also aware that culture, politics and policy over-react when creating proportional sanctions for these offenses. A large portion of our membership is comprised of family members of those convicted of a sex offense. They have seen first-hand the brutal and unfair treatment of their loved ones. It is clear…
Read MoreCA: Keep violent sex offenders locked up (opinion by Jim Cooper, CA Assembly)
[sacbee.com] Two years ago, California voters were promised that violent sex offenders wouldn’t be released from prison early if they passed Proposition 57, the sweeping ballot initiative allowing the early release of inmates convicted of non-serious and non-violent crimes. But this month, a Superior Court judge tentatively ruled that sex offenders must be considered for early release under Prop. 57. If the ruling is made final, more than half of the 20,000 inmates now serving time for violent sex offenses could be back on the street. That was the hidden…
Read MoreACSOL Phone Meeting Alert for March 12: CA Tiered Registry
ACSOL will conduct a review of the California Tiered Registry during a phone conference call on Monday, March 12 at 5 p.m. (Pacific). The review will include attorneys Eliza Hersh, a leading legal advocate and educator in the movement for criminal justice reform, as well as ACSOL President Chance Oberstein and ACSOL Executive Director Janice Bellucci. The conference call will include a discussion of opportunities for some registrants to be removed from the registry prior to implementation of the Tiered Registry through certificates of rehabilitation as well as the reduction…
Read MoreAssembly Bill to Disenfranchise Coalinga Patients
[ACSOL] Assemblyman Joaquin Arambula (Democrat, Fresno) has introduced a bill (AB 2839) that would disenfranchise patients at Coalinga State Hospital, including patients that recently defeated a proposed tax increase attempted by the City of Coalinga. The district represented by Assemblyman Arambula includes both Coalinga State Hospital as well as the City of Coalinga. The proposed bill, if passed, would require anyone adjudicated as a “sexually violent predator” (SVP) and committed to the custody of the State Department of Hospitals for “an indeterminate term” to vote at their “last known address.” Because individuals who are adjudicated as…
Read MoreCA: Changes Are Coming to California Sex Offender Registry
[independent.com] Fifty-four sex offenders live within two miles of the Santa Barbara Independent’s Figueroa Street offices. Their mugshots, height, weight, ethnicity, eye color, home addresses, criminal charges, and date they were released from jail are listed on the Megan’s Law website. That is about to change. California lawmakers voted last year to reduce the length of time required for sex-offender registration. This means a sizeable number of Santa Barbara County registrants will no longer be tracked or publicly identified. “It’s like putting a GPS on every shark in the ocean…
Read MoreCA: Sacramento Judge Rules Some of CDCR’s Prop. 57 Regulations Are Void
CA Proposition 57 tentative Ruling – 8 Feb 2018 (PDF) [ACSOL] A Superior Court Judge in Sacramento has ruled that provisions in emergency regulations issued by the California Department of Corrections and Rehabilitation (CDCR) regarding registrants are void and therefore cannot be enforced. The regulation provisions at issue deny anyone convicted of a sex offense eligibility for parole consideration under Proposition 57. The judge’s preliminary decision was issued in a tentative ruling dated February 8, 2018, and was the subject of a hearing conducted in Sacramento Superior Court this morning.…
Read MoreFederal Judge Denies TRO at Coalinga
A federal judge on Friday denied a Temporary Restraining Order (TRO) requested on behalf of patients at Coalinga State Hospital to stop the confiscation and destruction of their personal electronics, including computers and electronic storage devices. The judge made his decision from the bench after more than an hour of oral argument from attorneys representing both the patients and the state hospital. “This decision will significantly harm hundreds of patients at Coalinga State Hospital who will lose important legal documents, treatment records and personal writings including novels and poetry,” stated…
Read MoreCA: Coalinga State Hospital locked down in sex offender dispute
[abc30.com] A California state psychiatric hospital, housing mostly sexually violent predators, has been locked down and visits canceled after a weekend protest over a crackdown on devices, like flash drives, that officials say are often used to smuggle child pornography. The patients at Coalinga State Hospital were protesting new restrictions on electronic devices, Department of State Hospitals spokesman Ralph Montano said Tuesday, but no injuries were reported. Department officials have cited lawsuit testimony asserting that there is a “porn epidemic” at Coalinga to justify the crackdown. At least 200 Coalinga…
Read MoreCA: As small riots rage at Coalinga State Hospital, details begin to emerge
[fresnobee.com] Patients at Coalinga State Hospital remained on lockdown Tuesday as a few details began to emerge about violent protests that have erupted since new rules restricting the use of personal electronic devices were put into place. Since it started this lockdown, the California Department of State Hospitals has released little information on what caused the lockdown, how that cause is being addressed or how long it will be in place and did not respond to The Bee’s questions by deadline Tuesday. On Tuesday, the Associated Press reported that Department…
Read MoreCA: 4 men charged with killing Redondo Beach sex offender during home-invasion robbery
[dailybreeze.com] Four South Bay men were charged Friday with killing and robbing a registered sex offender, strangling him and attacking him with pliers and bolt cutters when he got out of his shower in his Redondo Beach apartment. The charges make them eligible for the death penalty. The victim, __________, 61, died Nov,. 28, five years after he was sent to prison for drugging a young male friend, shaving his body hair and sexually assaulting him in that same shower area amid allegations he had molested more than a dozen other…
Read MoreCA: Child trafficking is nonviolent crime under California voter-approved law
[kcra.com] Crime victims, groups start petition to stop early release of violent criminals Mike Luery Reporter Show Transcript SACRAMENTO, Calif. (KCRA) — Petition gatherers hit the streets of Sacramento on Thursday, trying to collect enough signatures for a new ballot measure that gets tough on crime. “In current law, rape by intoxication and rape of an unconscious person and a slew of other crimes are not considered violent for our state,” said Beth Hassett, executive director of WEAVE, or Woman Escaping a Violent Environment. WEAVE is a central player in…
Read MoreCA: We can’t afford showy but ineffective sex offender policies [commentary]
[with-justiceforall.blogspot.com] This was a recent headline in the Daily Democrat in Yolo, California, recently: ” ‘OperationVigilance’ targets Yolo County sex offenders.” http://www.dailydemocrat.com/article/NI/20171216/NEWS/171219907 “Yolo County law enforcement conducted surprise compliance checks on over 300 sex offenders earlier this week…” “While many of the sex offenders investigated were in compliance, two sex offenders contacted were arrested for a variety of weapons, pornography and other violations. An additional 18 of these offenders are the subject of further investigation to determine whether or not they are in compliance.” “Over 60 law enforcement personnel…
Read MoreSex Offender Was Deprived of Equal Protection, CA Rules
Panel Says Law Allowing Some Child Molesters to Seek Pardon, but Not Others, Is Irrational and Unconstitutional A state law that allows a defendant convicted of a sex crime against a child under the age of 10 years to obtain a certificate of rehabilitation and pardon, but denies a similar opportunity to one convicted of molesting a child under the age of 14, is unconstitutional, the Fourth District Court of Appeal ruled Friday. “[W]e can discern no rational basis for the unequal treatment of these two similarly situated groups of…
Read MoreCalifornia signs private-prison deal
SACRAMENTO — California has signed a contract with private prison contractor Geo Group to lease space for 1,400 inmates in overcrowded state lockups. The company announced the contract early Monday morning, even before Gov. Jerry Brown learns whether federal judges will grant his request for a three-year delay in the courts’ orders to cap the prison population. The governor’s lawyers have asked judges to make their own decision by Friday. Full Article
Read MoreEx-San Mateo County official gets jail for child porn
REDWOOD CITY — The former head of San Mateo County’s probation department was taken away in handcuffs Friday to begin serving 10 months in jail for having child pornography on a work computer and other electronic devices. ____ _____, dressed in a dark suit, was stoic as sheriff’s deputies led him from a San Mateo County Superior courtroom. Before the sentence was handed down, ____ apologized for possessing some 470 images of naked boys but maintained his defense that he had the photos for his job. Full Article
Read MoreFresno State ASI: Sex offender resolution rejected
Fresno State’s Associated Students, Inc. senate rejected a resolution Wednesday that aimed to promote the disclosure of the identities of registered sex offenders on campus. “I just do not see the necessity of this resolution as it pertains to the college campus,” said Daniel Ward, senator-at-large for academic affairs. “We do not have the authority to change a law. The intention is in the right place. But the fact of the matter is, we’re not going to be able to do any legal processing of this. It is not our…
Read MoreCity of Orange’s Halloween law for sex offenders challenged in court
LA Times – A city law requiring registered sex offenders to post a sign in front of their homes on Halloween to discourage trick-or-treaters is unconstitutional and should be tossed out, a federal lawsuit alleges. Registered sex offenders in the city of Orange are legally required to post a 12-by-24 inch sign reading “no candy or treats at this residence.” Violators face a $1,000 fine or six months in jail. The lawsuit, filed Wednesday on behalf of the California Reform Sex Offender Laws group, alleges that the city violates 1st…
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